The Rule of Law in the Jewish Sources
Part One
LAW AS A UNIVERSAL VALUE
Law and the Noahides
Chapter 1 Introduction
Chapter 2 Sources of the Noahide Laws
Chapter 3 Noahide Law as Natural Law and Equity
Chapter 4 The Law of the State is the Law
Chapter 5 The Content of ‘law’
a. Identity with Jewish Law
b. Explicit Differences
Chapter 6 Jurisdiction Over Jews
Chapter 7 Jurisdiction Over Non-Jews
Chapter 8 Non-Jewish Litigants in Jewish Courts
Chapter 9 Conclusion
Part Two
THE RULE OF LAW
The Law of the State is the Law
Chapter 1 Introduction
Chapter 2 The Law of the State is the Law
Chapter 3 The Law of the State and the Law of the King
Chapter 4 Form of Authority
Chapter 5 Recognized Authority
Chapter 6 Deviation from Government Authority
Chapter 7 Discrimination
Chapter 8 Group Penalties
Chapter 9 Religion and Independence of Jewish Law
Chapter 10 Conclusion
Part Three
ETHICAL STANDARDS FOR PUBLIC SERVANTS
Chapter 1 Introduction
Chapter 2 Status of Communal Leader
Chapter 3 Service but not Domination
Equality Under the Law
Setting and Example
The Rule of Law
Duty to Attend Meetings
Propriety
Chapter 4 Confidentiality
Chapter 5 Answerability
Chapter 6 Blamelessness
Chapter 7 Conflict of Interest
Chapter 8 Disrepute (‘A Basket of Reptiles’)
Chapter 9 Public Servants as Judges
Chapter 10 Conclusion
Appendix Law Concerning Employment by Members of the Knesset
Part Four
VIOLENCE IN THE JUDICIAL PROCESS
Chapter 1 Introduction
Chapter 2 Non-Compliance with Summons to Court
a. Use of non-Jewish courts
b. Denial of right to sue
Chapter 3 Violence Towards Judge
a. Fearlessness
b. Change of Venue
Chapter 4 Violence Towards Witnesses
a. Shifting of burden of proof
b. Swearing witnesses
c. Taking evidence in the absence of the violent party
d. Evidence of quarrel
Chapter 5 Conclusion
Part Five
STATE WITNESS
Chapter 1 Introduction
Chapter 2 The Prescribed Law
a. Testimony by a criminal
b. Testimony against accomplice
c. Testimony of state witness
Chapter 3 Emergency Exceptions in Penal Evidence
a. The rule: judgment not on conjectures
b. Over-zealousness may lead to increased crime
c. Authority of the court
d. Authority of Public Leaders
1. The King
2. Government of Israel
3. Precedents from communal history
e. Formal and substantive disqualification of witnesses
Chapter 4 Immunity of Witnesses
Chapter 5 Conclusion
Part Six
TESTIMONY UNDER OATH
Chapter 1 Introduction
Chapter 2 ‘The Oath of Testimony’
Chapter 3 Warning of Witnesses
a. Contents of warning
b. Occasion for warning
c. Purpose of warning
d. Testimony given without warning
Chapter 4 Oath for Truthful Testimony
a. Need for oath renders testimony worthless
b. Swearing of witness may lead to false oath
Chapter 5 Ban as Alternative to Swearing
a. Advantages
1. Avoiding divine punishment for false oath
2. Impact of ban greater than oath
3. Restrictions relating to swearing avoided
b. Bases for ban during Geonic period and its subsequent crystallization
Chapter 6 The Custom of Swearing Witnesses in Criminal Cases
Chapter 7 The Custom of Swearing Witnesses to Tell the Truth
Chapter 8 Disqualification of Testimony not Given Under Oath
Chapter 9 Oath to Fulfill Commandment
Chapter 10 Avoiding Oath
Chapter 11 Conclusion
Appendix Abolition of Swearing Witnesses in Israel